Kaufman v. Whitney

Citations

• 50 Miss. 103

Syllabus

<p>1. Husband and Wine — Separate Property. — The husband and wife may occupy towards each other, distinct relations as respects property, and the husband may come under obligations of debt to the wife, as can a stranger. Simmons v. Thomas, 43 Miss. R., 31. Nor is it material whether the funds or property appropriated by the husband was with or without the wife’s consent. He thereby becomes a creditor which a court of equity will recognize. Wiley v. Gray, 36 Miss. R., 510; Thoms y. Thoms, 45 Miss. R., 263.</p> <p>2. Same — Valuable Consideration. — A charge or mortgage of the wife’s property, or a sale of it to exonerate the husband’s estate, or to pay his debts, or the consumption of the wife’s funds, constitute a valuable consideration to support a conveyance from the husband to the wife. Such conveyances when brought into question as fraudulent against creditors, should be tested by the same principles as'a conveyance by a debtor to a stranger. Yertner v. Humphries, 14 Smed. & Mar., 130; Roach v. Bennett, 24 Miss. R., 355.</p> <p>3. Same — Art. 23, Code 1857. — This statute does not embrace within its provisions conveyances from the husband to the wife, resting upon a valuable consideration. Rateliffe v. Dougherty, 24 Miss. R., 181.</p> <p>4. Same — General Rule. — The general doctrine of the cases is, that a conveyance made by the husband to the wife directly, if supported by a valuable consideration and pure motives, will in equity be sustained as vesting the estate beneficially in tlie wife, and will prevail against a creditor.</p> <p>5. Same — Statute on Limitations. — The 5th section of the act of 1867, continues the claim of the wife against the husband during the coverture and afterwards.</p> <p>6. Same — Bnnect on Art. — Code on 1857, and Acts Peb’y 5, 1867.— These statutory provisions provide a rule to protect a creditor and allow him satisfaction out of the property, although bought with the wife’s-money or effects; if the possession of the husband indu